LARCENY ORDINANCE, 1865

LARCENY ORDINANCE, 1865

ORDINANCE NO. 5 OF 1865.

Larceny Ordinance, 1865.

AN ORDINANCE to consolidate and amend the laws relating to
larceny anf similiar offences. [14th June, 1865]
BE it enacted by the governor of hongkong, with the advice of the
legistive council thereof, as follows:-
1 this ordinance may be cited as the larceny ordinance, 1865
2 in this ordinance-
'document of title ot goods' includes any bill of lading, india
warrant, dock warrant, warehouse keepers' certificate, warrant or
order for the delivery or transfer of any goods or valualbe thing,
bought and sold note, or any other document used in the ordinary
course of business as proof of the possession or control of goods, or
authorizing or purporting to authorize, either by indorsement or
by delivery , the possessor of such document to transfer or receive
any goods thereby represented or therein mentioned or referred to:
'trustee' means a trustee on some express turst crated by some
deed, will, or instrument in writing, and includes the heir or personal
representative of any such trustee, and any other person upon
or to whom the duty of such trust has devolved or come, and also an
executor and administrator and an official manager, assignee,
liquidator, or other like officer acting under any present or future
ordinance relating to joint stock companies, bankruptcy, or insolvency;
'valuable secrity' inclues any order or other securtiy whatsoever
entitling or evidencing the title of any person or body corporate
to any share or interest in any public stock or fund, whether
of the united kingdom, or of great britain, or of ireland, or of
any foregin state, or in any fund of any body corporate, company,
or society, whether within this colony, or in the united kingdom,
or in any foreign state or country, or to any deposit in any bank,
and also includes any debenture, deed, bond, bill, note, warrant,
order, or other security whatsoevr for money or for payment of
money, whether of this colony, or of the united kingdom, or of


great britain, or of ireland, or of any foreign state, and any
document of title to goods as hereinbefore defined:
'property' includes every description of real and personal
property, money, debts and legacies, and all deeds and instruments
relating to or evidencing the title or right to any property, or
giving a right to recover to receive any money or goods, and also
includes not only such property as has been originally in the
possession or under the control of any party, but also any property
into or for which the same may have been converted or exchanged,
and any thing acquired by such conversion or exchange, whether
immediately or otherwise:
for the purposes of this ordinance, the night shall be deemed to
commence at nine o'clock in the evening of each day and to
conclude at six o'clock in the morning of the succeeding day.
General Provisions.
3 every larceny, whatever the value of the property stolen, shall
be deemed to be of the same nature, and shall be subject to the same incidents
in all respects, as grand larceny was by the law of england
before the 21st day of june,1827.
4 every person who, being a bailee of any chattel, money, or valuable
security, fraudulently takes or converts the same to his own use or to the
use of any person other than the owner thereof, although he does not
break bulk or other wise determine the baailment, shall be guilty of larceny, and
may be convicted thereof on an indictment for larceny.
5 every person who is convicted of simple larceny, or of any felony
hereby made punishable like simple larceny, shall (except in the cases
hereinafter otherwise provided for) be liable, at the discretion of the
court, to imprisonment with hard labour for the term of 3 years or
to imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement, and, if a male
under the age of 16 years, with or without whipping.
6 every person who commits the offence of simple larceny after a
previous conviction for felony shall be liable, at the discretion of the
court, to imprisonment with hard labour for any term not exceeding ten
years and not less than 3 years or to imprisonment for any term not
exceeding two years, with or wihtout hard labour and with or without
solitary confinement, and, if a male under the age of 16 years, with
or without whipping.
7 everyp person who commits the offence of simple larceny or any
offence hereby made punishable like simple larceny, after having been
previously convicted of any indictable misemeanor punishable under this


ordinance, shall be liable, at the discretion of the court, to imprisonment
with hard labour for any term not exceeding 7 years and not less than 3 years
or to imprisonment for any term not exceeding 2 years,
with or without hard labour and with or without solitary confinement, and, if a
male under the age of 16 years, with or without whipping.
8 every person who commits the offence of simple larceny or any offence
hereby made punishable like simple larceny, after having been
twice summarily convicted of any of the offences punishable on summary
conviction under the provisions contained in any enactment in force in
this colony (whether each of the convictions has been in respect of an
offence of the same description or not, and whether such convictions or
either of them have or has been before or are or is after the commencement of
this ordinance) shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of th court, to imprisonment
with hard labour for any term not excceding 7 years and not less than 3 years
or to imprisonment for any term not exceeding 2 years,
with or without hard labour and with or without solitary confinement,
and, if a male under the age of 16 years, with or without whipping.
Larceny of Cattle and other Animals.
9 every person who steals-
(1) any horse, mare, gelding, colt, or filly; or
(2) any bull, cow, ox, heifer, or calf; or
(3) any ram, ewe, sheep, or lamb,
shall be guilty of felony, and, being convicted therof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding 14 years and not less than 3 years or to
imprisonment ofr any term not exceeding 2 years, with or without
hard labour and with or wihtout solitary confinement, and, if a male
under the age of 16 years, with or without whipping.
10 every person who steals-
(1) any goat or kid, whether male or female; or
(2) any boar, sow, hog, or pig,
shall be guiltyu of felony, and being convicted thereof, shall be liable,
at the discretion of the court, to imprisonment with hard labour for the
term of 3 years or to imprisonment for any term not exceeding 2 years,
with or without hard labour and with or without whipping.
11 every person who wilfully kills any animal, with intent to steal
the carcase, skin, or any part of the animal so killed, shall be guilty of





felony, and, being convicted thereof, shall be liable o the same punishment as
if he had been convicted of feloiously stealing the saem, provided the offence
of stealing the animal so killed would have amounted to felony.
12-(1) every person who steals any dog shall, on conviction thereof
before any police magistrate, either be committed to the common
gaol, there to be imprisoned, or be imprisoned and kept to hard labour; for any
term not exceeding 6 months, or shall forfeit and pay,
over and above the vaule of the said fog, such sum of money not exceeding 100 dollars
as to the magistrate may seem meet.
(2) every person who, having been convicted of any such offence,
either against this or any former enactment in force in this colony,
afterwards steals any dog shall be guilty of a misdemeanor, and, being
convicted thereof, shall be liable, at the discretion of the court, to
imprisonment for any term not exceeding 18 months, with or without
hard labour.
13-(1) every person who unlawfully has in his possession or on
his premises any stolen dog or the skin of any stole dog, knowing such
dog to have been stolen or such skin to be the skin of a stolen dog, shall,
on conviction thereof before a police magistrate, be liable to pay such
sum of money not exceeding 100 dollars as to the magistrate
may seem meet.
(2) every person who, having been convicted of any such offence,
either against this or any former enactment in force in this colony, is
afterwards guilty of any such offence as in this section before mentioned
shall be guilty of a misdemeanor, and, being convicted thereof, shall
be liable, at the discretion of thecourt, to imprisonment for any term
not exceeding 18 months, with or without hard labour.
14 every person who corruptly takes any money or reward, directly
or indirectly, under peretence or upon account of aiding any person to
recover any dog which has been stolen, or which is in the possaession of
any person not being the owner thereof, shall be guilty of a misdemeanor, and,
being convicted thereof, shall be liable, at the discretion of the
court, to imprisonment ofr any term not exceeding 18 months,
with or without hard labour.
15 every person who-
(1) steals any bird, beast, or other animal ordinarily kept in a state
of confinement or for any domestice purpsoe, not being the subject
of larceny at common law in england; or
(2) wilfully kills any such bird, beast, or animal, with intent to steal
the same or any part thereof,
shall, on conviction therof before a police magistrate, at the discretion of the magistrate, either be committed to the common gaol, there to be
imprisoned, or to be imprisoned and kept to hard labour, for any term
not exceeding 6 months, or else shall forfeit and pay, over and above
the value of the bird, beast, or other animal, such sum of money not
exceeding one hundred dollars as to the magistrate may seem meet.
(2) every person who, having been convicted of any such offence,
either against this or any former enactment in force in this colony,
is afterward guilty of any such offence as in this section before
mentioned shall be guilty of a misdemeanor, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
for any term not exceeding twelve months, with or without hard labour.
16-(1) if any such bird or any of the plumage therof, or any
dog, or any such beast or the skin thereof, or any such animal or any
part thereof is found in the possession or on the premises of any person,
a police magistrate may restore the same respectively to the owner
thereof.
(2) every person in whose possession or on whose premises such bird
or the plumage thereof, or such beast or the skin thereof, or such animal
or any part thereof is so found (such person knowing that the bird,
beast, or animal has been stolen, or that the plumage is the plumage
of a stolen bird, or that the skin is the skin of a stolen beast, or that
the part is a part of a stole animal), shall, on conviction before a
police magistrate, be liable, for the first offence, to such forfeiture, and
for every subsequent offence, to such punishment, as any person convicted
of stealing any beast or bird is made liable to by the last preceding section.
17 every person who unlawfully and wilfully kills, wounds, or takes
any house dove or pigeon under such circumstances as do not amount
to larceny at common law in england shall, on conviction before a
police magistrate, forfeit and pay, over and above the vaule of the
bird, any sum not exceeding ten dollars.
Larceny of Written Instruments.
18 every person who steals, or for any fraudulent purpose destroys,
cancels, or obliterates, the whole or any part of any valuable security,
other than a cocument of title to lands, shall be guilty of felony, of the
same nature and in the same degree and punishable in the same manner
as if he had stolen any chattel of like value with the share, interest, or
deposit to which the security so stolen may relate, or with the money
due o nthe security so stolen, or secured thereby and remaining unsatisfied, or
with the value of the goods or other valuable thing represented,
mentioned, or referred to in or by the security.
19 every person who steals, or for any fraudulent purpose destroys,
cancels, obliterates, or conceals, the whole or any part of any document
of title to lands shall be guilty of felony, and, being convicted thereof,
shall be liable, at the discretion of the court, to imprisonment with
hard labour for the term of three years or to imprisonment for any term
not exceeding two years, with or without hard labour and with or wihtout
solitary confinement, and, if a male under the age of 16 years,
with or wihtou whipping.
20-(1) every person who, either during the life of the testator or
after his death, steal, or for any fraudulent pourposes destroyes, cancels,
obliterates, or conceals, the whole or any part of any will, codicil, or
other testamentary instrument, whether the same relates to real or
personal estate, or to both, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for life or for any term not less than three years or to
imprisonment for any term not exceeding 2 years, with or without
hard labour and with or without solitary confinement, and, if a male
under the age of sixteen years, with or wihtout whipping.
(2) In any indictment for any such offence it shall not be necessary
to allege that such will, condicil, or other instrument is the property of
any person.
(3) nothing in this or the last preceding section, nor any proceeding,
conviction, or judgment to be had or taken thereupon, shal prevent,
lessen, or impeach any remedy at law or in equity which any party
aggrieved by any such offence might or would have had if this ordinance had
not been passed; but no conviction of any such offender
shall be received in evidence in any action at law or suit in equity against
him; and no person shall be liable to be convicted of any of the felonies
mentioned in this and the last preceding section, by any evidence whatever,
in respect of any act done by him, if he at any time previously to
his being charged with such offence has first disclosed such act upon
oath, affirmation, or declaratin in consequence of any compulsory process
of any court of law or equity in any action, suit, or proceeding
which has been bona fide instituted by any party aggrieved, or if he has
first disclosed the same in any compulsory examination or deposition
before any court on the hearing of any matter in bankruptey.
21-(1) every person who-
(a) steals; or
(b) for any fraudulent purpose takes from its place of deposit for the
time being or from any person having the lawful custody thereof; or
(c) unlawfully and maliciously cancels, obliterates injures, or destroys



the whole or any part of any record, writ, return, panel, process, interrogatory,
deposition, affidavit, rule, order, or warrant of attorney, or of
any original document whatsoever of or belonging to any court of record
in this colony, or relating to any matter, civil or criminal, begun,
depending, or terminated in any such court, or of any bill, petition,
answer, interrogatory, deposition, affidavit, order, or decree, or of any
original document whatsoever of or belonging to any court of equity, or
relating to any cause or amtter begun, depending, or terminated in any
such court, or of any original document in any wise relating to the business
of any office or employment under her majesty, and being or
remaining in any office appertaining to any court of justice or in any
government or public office, shall be guilty of felony, and, being convicted thereof,
shall be liable, at the discretion of the court, to imprisonment
with hard labour for the term of 3 years or to imprisonment
for any term not exceeding 2 years, with or without hard labour and
with or without solitary confinement, and, if a male under the age of
16 years, with or without whipping.
(2) in any indictment for any such offence it shall not be necessary
to allege that the article in respect of which the offence is committed is
the property of any person.
Larceny of Things attached to or growing on Land.
22(1) every person who steals, or rips, cuts, severs, or breaks
with intent to steal,-
(a) any glass, shigles, or wood-work belonging to any building
whatsoever; or
(b) any lead, iron, copper, brass, or other metal, or any utensil or
fixture, whether made of metal or other material or of both,
respectively fixed in or to any building whatsoever; or
(c) any thing made of metal fixed in any land being private property, or
for a fence to any dwelling house, garden, or area, or
in any square or street, or in any place deciated to public
use or ornament, or in any burial ground,
shall be guilty of felony, and, being convicted thereof, shall be liable
to be punished as in the case of simple larceny.
(2) in the case of any such thing fixed in any such square, street, or
place as aforesaid, it shall not be necessary to allege the same to be the
property of any person.
23(1) every person who steals, or cuts, breaks, roots up, or otherwise
destroys or damages with intent to steal, the whole or any part of
any tree, sapling, or shrub, or any underwood, respectively growing in
any pleasure ground, garden, orchard, or avenue, or in any ground ad-



joining or belonging to any dwelling house, shall(in case the value
of the article or articles stolen, or the amount of the injury done,
exceeds the sum of five dollars) be guilty of felony, and, being conviction
thereof, shall be liable to be punished as in the case of simple larceny.
(2) every person who steal, or cuts, breaks, roots up, or otherwise
destroys or damages with intent to steal, the whole or any part of any
tree, sapling, or shrub, or any underwood, respectively growing elsewhere
than in any of the situations in this section before mentioned,
shall (in case the value of the article or articles stolen, or the amount
of the injury done, exceeds the sum of 25 dollars) be guilty of
felony, and, being convictedthereof, shall be liable to be punished as
in the case of simple larceny.
24(1) every person who steals, or cuts, breaks, roots up, or otherwise
destroys or damages with intent to steal, the whole or any part
of nay tree, sapling, or shrub, or any underwood, wheresoever the same
least, shall, on conviction thereof before a police magistrate, forfeit and
pay, over and above the value of the article or articles stolen or the
amount of the injury done, such sum of money not exceeding 25
dollars as to the magistrate may seem meet.
(2) every person who, having been convicted of any such offence,
either against this or any former enactment in force in this colony,
afterwards commits any of the said offences in this section before mentioned,
and is convicted thereof in like manner, shall for such second
offence be committed to the common gaol, there to be kept to hard
labour for such term not exceeding 6 months as the convicting magistrate
may think fit.
(3) every person who, having been twice convicted of any such
offence (whether both or either of such convictions have or has taken
place before or after the commencement of this ordinance), afterwards
commits any of the offences in this section before mentioned shall be
guilty of felony, and, being convicted thereof, shall be liable to be punished
as in the case of simple larceny.
25(1) every person who steals, or cuts, breaks, or throws down
with intent to steal, any part of any live or dead fence, or any wooden
post, pale, wire, or rail set up or used as a fence, or any stile or gate,
or any part thereof respectively, shall, on conviction thereof before a
police magistrate, forfeit and pay, over and above the value of the article or
aritcles so stolen or the amount of the injury done, such sum of money
not exceeding 25 dollars as to the magistrate may seem meet. (2.) Every person who, having been convicted of any such offence,
either against this or any former enactment in force in this Colony,
afterwards commits any of the said offences in this section before
mentioned, and is convicted thereof in like manner, shall be committed
to the common gaol, there to be kept to hard labour for such term not
exveeding six months as the convicting Magistrate may think fit.
26. If the whole or any part of any tree, sapling, or shrub, or any
underwood, or any part of any live or dead fence, or any post, pale,
wire, rail, stile, or gate, or any part thereof, being of the value of
twenty-four cnets at the least, is found in the posscession of any person
or on the premises of any person with his knowledge, and such person,
being taken or summoned before a Police Magistrate, does not satisfy
the Magistrate that he came lawfully by the article or articles so
found, any sum not exceeding ten dollars.
27. - (1.) Every person who steals, or destroys or damages with in-
tent to steal, any plant, root, fruit, or vegetable production growing in
any garden, orchard, pleasure ground, or nursery ground, hothouse,
green-house, or conservatory shall, on conviction thereof before a Police
Magistrate, at the disctetion of the Magistrate, either be committed to
the common gaol, there to be imprisoned, or to be imprisoned and kept
to hard labour, for any term not exceeding six months, or else shall
stolen or the amount of the injury done, such sum of money not exveed-
ing one hundreddollars as to the Magistrate may seem meet.
(2.) Every person who, having been convicted of any such offence,
either against this or any former enactment in force in this Colony,
afterwards commits any of the offences in this section before mentioned
shall be guilty of felony, and, being convicted thereof, shall be liable
to be punished as in the case of simple larceny.
28. - (1.) Every peron who steal, or destroys or damages with in-
either against this or any former enactment in force in this Colony,
afterwards commits any of the offences in the section before mentioned
sahll be guilty of felony, and, being convicted thereof, shall be liable
to be punished as in the case of simple larceny.
28. -(1.) Every person who steals, or destroys or damages with in-
tent to steal, any cultivated plant or root used for the food of man or
beast, or for medicine, or for distilling, or for dyeing, or for or in the
course of any manufacture, and growing in any land, open or enclosed,
not being a garden, orchard, pleasure ground, or nursery ground, shall,
on conviction thereof before a Police Magistrate, at the discretion of the
Magistrate, either he committed to the common gaol, there to be impri-
soned, or to be imprisoned and kept to hard labour, for any term
not exceeding one month, or else shall forfeit and pay, over and above
the value of the article or articles so stolen or the amount of the injury
done, such sum of money not exceeding five dollars as to the Magistrate
may seem meet; and in default of payment thereof, together with the
costs(if ordered),shall be committed as aforesaid under and in accord-
ance with the provisions of any Ordinance for the time being in force
relating to Magistrates and the practice and procedure before them in
respect of offences punishable on summary conviction.
(2.)Every person who,having been convicted of any such offence,
either against this or any former enactment in force in this Colony,
afterwards commits any of the said offences in this section before men-
tioned,and is convicted thereof in like manner,shall be committed to the
common gaol,there to be kept to hard labour for such term not exceed-
ing six months as the convicting Magistrate may think fit.
Larceny from the Person and similar Offences.
29.Every person who robs any person,or steals any chattel,money,
or valuable security from the person of another,shall be guilty of felony,
and,being convicted thereof,shall be liable,at the discretion of the
Court,to imprisonment with hard labour for any term not exceeding
fourteen years and not less than three years or to imprisonment for any
term not exceeding two years,with or without hard labour and with or
without solitary confinement,and,if a male under the age of sixteen
years,with or without whipping.
30.,Every person who assaults any person with intent to rob shall be
guilty of felony,and,being convicted thereof,shall (save and except in
the cases where a greater punishmernt is provided by this Ordinance)be
liable,at the discretion of the Court,to imprisonment with hard labour
for the term of three years or to imprisonment for any term not exceed-
ing two years,with or without hard labour and with or without solitary
confinement.
31.Every person who,-
(1.)being armed with any offensive weapon or instrument,robs,or
assaults with intent to rob,any person;or,
(2.)together with one or more other person or persons,robs,or as-
saults with intent to rob,any personlor
(3.)robs any person,and,at the time of or immediately before or
immediately after such robbery,wounds,beats,strikes,or uses any
other personal violence to any person,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years,with or without hard labour and with or without
solitary confinement.
32.Every person who sends,delivers,or utters,or directly or indi-
rectly causes to be received,knowing th econtents thereof,any letter or withoutdemanding of any person with menaces,and without any reason-
able or probable cause,any property,chattel,money,valuable security,
or other valuable thing shall be guilty of felony,and,being convicted
thereof,shall be liable,at the discretion of the Court,to imprisonment
with hard labour for life or for any term not less than three years or to
imprisonment for any term not exceeding two years,with or without
hard labour and with or without solitary confinement,and,if a male un-
der the age of sixteen years,with or without whipping.
33.Every person who,with menaces or by force,demands any pro-
perty,chattel,money,valuable security,or other valuable thing of any
person,with intent to steal the same,shall be guilty of felony,and,being
convicted thereof,shall be liable,at the discretion of the Court,to im-
prisonment with hard labour for the term of three years or to imprison-
ment for any term not exceeding two years,with or without hard labour
and with or without solitary confinement.
34.-(1.)Every person who sends,delivers,utters,or directly or indi-
rectly causes to be received,knowing th econtents thereof,any letter or
writing accusing or threatening to accuse any other person of any crime
punishable by law with dealt or imprisonment with hard labour for not
less than seven years,or of an assault with intent to commit a rape,or
of an attempt or endeavour to commit a rape,or of any infamous crime
as hereinafter defined,with the view or intent in any of such cases to
extort or gain by means of such letter or writing any property,chattel,
money,valuable security,or other valuable thing from any person,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment with hard labour for life
or for any term not less than three years or to imprisonment for any
term not exceeding two years,with or without hard labour and with or
without solitary confinement,and,if a male under the age of sixteen
years,with or without whipping.
(2.)The abominable crime of buggery,committed either with man-
kind or with any beast,and every assault with intent to commit the
said abominable crime,and every attempt or endeavour ro commit the
said abominable crime,and every solicitation,persuasion,promise,or
threat offered or made to any person whereby to move or induce such
person to commit or permit the said abominable crime shall be deemed
to be an infamous crime within the meaning of this Ordinance.
35.Every perosn who accuses or threatens to accuse,either the per
son to whom such accusation or threat is made or any other person,of
any of the infamous or other crimes lastly hereinbefore mentioned,with
the view or intent in any of the cases last aforesaid to extort or gain
from such person so accused or threatened to be accused,or from any other person,any property,chattel,money,valuable security,or other
valuable thing,shall be guilty of felony,and,being convicted thereof,
shall be liable,at the discretion of the Court,to imprisonment with hard
labour for life or for any term not less than three years or to imprison-
ment for any term not exceeding two years,with or without hard
labour and with or without solitary confinement,and,if a male under
the age of sixteen years,with or without whipping.
36.Every person who,with intent to defraud or injure any other
person,by any unlawful violence to or restraint of,or threat of violence to
or restraint of,the person of another,or by accusing or threatening to
accuse any person of any treason,felony,or infamous crime as herein-
before defined,compels or induces any peron to execute,make,security,
or to write,impress,or affix his name,or the name of any other person
or of any company,firm,or copartnership,or the seal of any body cor-
prated,company,firm,or society,upon or to nay paper or parchment,in
order that the same may be afterwards made or converted into,or used
or dealt with as,valuable security,shall be guilty of felony,and,
being convicted thereof,shall be liable ,at the discretion of the Court,
to imprisonment with hard labour for life or for any term not less than
three years or to imprisonment for any term not exceeding two years,
with or without hard labour and with or without solitary confinement,
and,if a male under the age of sixteen years,with or without whipping.
37.It shall be immaterial whether the menaces or threats or herein-
before mentioned are of violence,injury,or accusation to be caused or
made by the offender or by any other person.
Sacrilege,Burglary,and Housebreaking.
38.Every person who-
(1.)breaks and enters any church,chapel,meeting house,or other
place of divine worship,and commits any felony therein;or,
(2.)being in any church,chapel,meeting house,or other place of
divine worship,commits any felony therein and breaks out of the
same,
shall be huilty of felony,and,being cinvicted thereof,shall be liable,
at the discretion of the Court,to imprisonment with hard labour for
life or for any term not less than three years or ti imprisonment for
any term not exceeding two years,with or without hard labour and with
or without solitary confinement,and,if a male under the age of sixteen
years,with or without whipping.
39.Every person who-
(1.)enters the dwelling house of another with intent to commit any
felony therein;or,
(2.)being in such dwelling house,commits any felony therein,
and in either case breaks out of the said dwelling house in the night,
shall be deemed guilty of burglary.
40.Every person who is convicted of the crime of burglary shall be
liable,at the discretion of the Court,to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment for
any term not exceeding two years,with or without hard labour and with
or without solitary confinement,and,if a male under the age of sixteen
years,with or without whipping.
41.No building,although within the same curtilage with any dwel-
ling house and occupied therewith,shall be deemed to be part of such
dwelling house for any of th epurposes of this Ordinance unless there
is a communication between such building and dwelling house,either
immediate or by means of a covered and enclosed passage,leading from
the one to the other.
42.Every person who enters any dwelling house in the night,with
intent to commit any felony therein,shall be guilty of felony,and,being
convicted thereof shall be liable,at the discretion of the Court,to im-
prisonment with hard labour for any term not exceeding seven years and
not less than three years or to imprisonment for any term not exceed-
ing two years,with or without hard labour and with or without solitary
confinement.
43.Every person who-
(1.)breaks and enters any building,and commits any felony therein,
such building being within the curtilage of a dwelling house and
occupied therewith,but not being part thereof,according to the
provision hereinbefore mentioned;or,
(2.)being in any such building,commits any felony therein,and breaks
out of the same,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years,with or without
hard labour and with or without solitary confinement,and,if a male
under the age of sixteen years,with or without whipping.
44.Every person who-
(1.)breaks and enters any dwelling house,school house,store,shop,
warehouse,godown,or counter-house,and commits any felony
therein;or,
(2.)being in any dwelling house,school house,store,shop,warehouse, godown,or counting-house,commits any felony therein and breaks
out of the same,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years,with or without
hard labour and with or without solitary confinement,and,if a male
under the age of sixteen years,with or without whipping.
45.Every person who breaks and enters any dwelling house,church,
chapel,meeting house,or other place of divine worship,or any building
within the curtilage,school house,store,shop,warehouse,godown,or
counting-house,with intent to commit any felony therein,shall be guilty
of felony,and,being convicted thereof,shall be liable,at the discretion
of the Court,to imprisonment with hard labour for any term not exceed-
ing seven years and not less than three years or to imprisonment for any
term not exceeding two years,with or without hard labour and with or
without solitary confinement.
46.Every person who-
(1.)is found by night armed with any dangerous or offensive weapon
or instrument whatsoever,with intent to break or enter any
dwelling house,or other building whatsoever,and to commit any
felony therein;or
(2.)is found by night having in his possession,without lawful excuse
(the proof whereof shall lie on such person),any picklock,key,
crow,jack,bit,or other implement of housebreaking;or
(3.)is found by night having his face blackened or otherwiose disguised,
with intent to commit any felony;or
(4.)is found by night in any dwelling house or other building what-
soever,with intent to commit any felony therein,
shall be guilty of a misdemeanor,and,being convicted thereof,shall be
liable,at the discretion of the Court,to imprisonment for any term not exceed-
ing two years,with or without hard labour and with or without solitary
confinement.
47.Every person who is convicted of any such misdemeanor as is
mentioned in the last preceding section,comitted after a previous
conviction either for felony or for such misdemeanor,shall,on such
subsequent conviction,be liable,at the discretion of the Court,to impri-
sonment with hard labour for any term not exceeding ten years,and not
less than three years or to imprisonment for any term not exceeding
two years,with or without hard labour. Larceny in Dwelling Houses.
48.Every person who steals in any dwelling house any chattel,
money,or valuable security,to the value in the whole of twenty-five
dollars or more,shall be guilty of felony,and,being convicted thereof,
shall be liable,at the discretion of the Court,to imprisonment with hard
labour for any term not exceeding fourteen years and not less than
three years or to imprisonment for any term not exceeding two years,
with or without hard labour and with or without solitary confinement,
and,if a male under the age of sixteen years,with or without whipping.
49.Every person who steals any chattel,money,or valuable security
in any dwelling house,and by any menace or threat puts any one being
therein in bodily fear,shall be guilty of felony,and,being convicted
thereof,shall be liable ,at the discretion of the Court,to imprisonment
with hard labour for any term not exceeding fourteen years and not less
than three years or to imprisonment for any term not exceeding two years,
with or without hard labour and with or without solitary confinement.
Larceny in Ships,Wharres,etc.
50.Every person who-
(1.)steals any goods or merchandise in any vessel,barge,or boat
of any description whatsoever in any haven,or in any port of
ebtry or discharge,or in the course of any voyage from any port
or place in this Colony to any other port or place therein,or in
any creck or basin belonging to or communication with any such
haven or port;or
(2.)steals any goods or merchandise from any dock,wharf,or quay
adjacent to any such haven,port,creck,or basin,
shall be guilty of a felony,and,being convicted thereof,shall beliable,at
the discretion of the Court,to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years,with or without
hard labour and with or without solitary confinement,and,if a male
under the age of sixteen years,with or without whipping.
51.Every person who plunders or steals any part of any ship or
vessel which is in distress or wrecked,stranded,or cast on shore,or any
goods,merchandise,orarticles of any kind belonging to such ship or
vessel,shall be guilty of felony,and,being convicted thereof,shall be
liable,at the discretion of the Court,to imprisonment with hard labour
for any term not exceeding fourteen years and not less than three years
or to imprisonment for any term not exceeding two years,with or with-
out hard labour and with or without solitary confinement,and,if a male
under the age of sixteen years,with or without whipping.
52.If any goods,merchandise,or articles of any kind belonging to any ship or vessel in distress,or wrecked,stranded,or cast on shore,
are or is found in th epossession of any person or on the premises of any
person with his knowledge,and such perosn,being taken or summoned
before a Police Magistrate,does not satisfy the Magistrate that he came
lawfully by the same,then the same shall,by order of the Magistrate,
be forthwith delivered over to or for the use of the rightful owner
thereof;and the offender shall,on conviction of such offence before the
Magistrate,at the discretion of the Magistrate,either be committed to
the common gaol,there to be imprisoned,or to be imprisoned and kept
to hard labour,for any term not exceeding six months,or else shall
forfeit and pay,over and above the value of the goods,merchandise,or
articles,such sum of money not exceeding one hundred dollars as to the
Magistrate may seem meet.
53.-(1.)If any person offers or exposes for sake any goods,mer-
chandise,or articles whatsoever which have or has been unlawfully
taken,or are or is reasonably suspected so to have taken,from any
ship or vessel in distress or wrecked,stranded,or cast on shore,in every
such case any person to whom the same are or is offered for sale,or any
officer of the customs or peace officer,may lawfully seize the same,and
shall with all convenient speed carry the same,or give notice of such
seizure,to a Police Magistrate.
(2.)If the person who has offered or exposed the same for sale,being
summoned by the Magistrate,does not appear and satisfy the Magis-
trate that he came lawfully by such goods,merchandise,or articles.then
the same shall,by order of the Magistrate,be forthwith delivered over
to or for the use of the rightful owner thereof,on payment of a reason-
able reward (to be ascertained by the Magistrate) to the person who
seized the same;and the offender shall,on conviction of such offence
before the Magistrate,at the discretion of the Magistrate,either be com-
mitted to the common gaol,there to be imprisoned,or to be imprisoned
and kept to hard labour,for any term not exceeding six months,or else
shall forfeit and pay,over and above the value of the goods,merchan-
dise,or articles,such sum of money not exceeding one hundred dollars
as to the Magistrate may seem meet.
Larceny or Embezzlement by Clerks,Serants,etc.
54.Every person who,being a clerk or servant or being employed
for the purpose or in the capacity of a clerk or servant,steals any
chattel,money,or valuable security belonging to or in the possession or
power of his master or employer shall be guilty of felony,and,being
convicted thereof,shall be liable,at the discretion of the Court,to im-
prisonment with hard labour for any term not exceeding fourteen
years and not less than three years or to imprisonment for any term not exceeding two years,with or without hard labour and with or withour
solitary confinement,and,if a male under the age of sixteen years,
with or without whipping.
55.Every person who,being a clerk or servant or being employed
for the purpose or in the capacity of a clerk or servant,fraudulently
embezzles any chattel,money,or valuable security which is delivered
to or received or taken into possession by him for or in the name or
on the account of his master or employer,or any part thereof,shall be
deemed to have feloniouslt stolen the same from his master or employer,
although such chattel,money,or sercurity was not received into the pos-
session of such master or employer otherwise than by the actual posses-
sion of his clerk,servant,or other person so employed,and,being
convicted thereof,shall be liable,at the discretion of the Court,to
imprisonment with hard labour for any term not exceeding fourteen
years and not less than three years or to imprisonment for any term
not exceeding two years,with or without hard labour and with or with-
out solitary confinement,and,if a male under the age of sixteen years,
with or without whipping.
56.Every person who,being a member of any copartnership or
being one of two or more beneficial owners of any money,goods,or
effect,bills,notes,securities,or other property,steals or embezzles any
such money,goods,or effects,bills,notes,securities,or other property
belonging to such copartnership or to such joint beneficial owners shall
be liable to the dealt with,tried,convicted,and punished for the same
as if such person had not been or was not a member of such copartner-
ship or one of such beneficial owners.
57.Every person who,being employed in the public service of Her
Majesty in this Colony or being a constable or other person employed
in the Police Force,steals any chattel,money,or valuable security
belonging to or in the possession or power of Her Majesty,or entrusted
to or received or taken into possession by him by virtue of his employ-
ment,shall be guilty of felony,and,being comvicted thereof,shall
be liable,at the dsicretion of the Court,to imprisonment with hard
labour for any term not exceeding fourteen years and not less than
three years or to imprisonment for any term not exceeding two years,
with or without hard labour and with or without solitary confinemnet.
58.Every person who,being employed in the public seervice of Her
Majesty in this Colony or being a constable or other person employed
in the Police Force,and entrusted by virtue of such employment with
the receipt,custody,management,or control of any chattel,money,
or valuable sercurity,embezzles any chattel,money,or valuable sercurity which is entrusted to or received or taken into possession by him by
virtue of his employment,or any part thereof,or in any manner
fraudulently applies or disposes of the same or any part thereof to his
own use or benefit or for any purpose whatsoever except for the public
service,shall be deemed to have feloniously stolen the same from Her
Majesty,and,being convicted thereof,shall be liable,at the discretion
of the Court,to imprisonment with hard labour for any term not exceed-
ing fourteen years and not less than three years or to imprisonment for
any term not exceeding two years,with or without hard labour.
59.In every case of larceny,embezzlement,or fraudulent application
or disposition of any chattel,money,or valuable sercurity mentioned in
the last two preceding sections,it shall be lawful,in the warrant of
commitment by the Magistrate before whom the offender is charged
and in the indictment to be preferred against such offendermto lay the
property of any such chattel,money,or valuable sercurity in Her
Majesty.
60.-(1.)If,on the trial of any person indicted for embezzlememnt or
fraudulent application or disposition as aforesaid,it is proved that he took
the property in question in any such manner as to amount in law to
larceny,he shall not by reason thereof be entitled to be acquitted,but the
jury shall be at liberty to return as their verdict that such person is not
guilty of embezzlement or fraudulent application or disposition,but is
guilty of simple larceny,or of larceny as a clerk,servant,or person
employed for the purpose or in the capacity of a clerk or servant,or as
a person employed in the public service or in the Police Force,as the
case may be;and thereupon such person shall be liable to be punished
in the same manner as he had been convicted on an indictment for
such larceny.
(2.)If,on the trial of any person indicted for larceny,it is proved
that he took the property in question in any such manner as to amount
in law to embezzlement or fraudulent application or disposition as
aforesaid,he shall not by reason thereof be entitled to be acquitted,but
the jury shall be at liberty to return as their verdict that such person is
not guilty of larceny,but is guilty of embezzlement or fraudu;ent
application or disposition,as the case may be,and thereupon such per-
son shall be liable to be punished in the same manner as if had been
convicted on an indictment for such embezzlement or fraudulent appli-
cation or disposition.
(3.)No person so tried for embezzlement,fraudulent application or
disposition,or larceny as aforesaid shall be liable to be afterwards pro-
secuted for larcenymfraudulent application or disposition,or embezzle-
ment upon the same facts. Larceny by Tenants or Lodgers.
61.-(1.)Every person who steals any chattel or ficture let to be
use by him or her in or with any house or lodging,whether the con-
tract has been entered into by him or her or by her husband or by any
person on behalf of him or her or her husband,shall be guilty of felony,
and,being convicted thereof,shall be liable,at the discretion of the
Court,to imprisonment for any term not exceeding two years ,with or
without hard labour and with or without solitary confinement,and,if a
male under the age of sixteen years,with or without whipping;and,in
case the value of such chattel or ficture exceeds the sum of twenty-five
dollars,shall be liable,at the discretion of the COurt,to imprisonment
with hard labour for any term not exceeding seven years and not less
than three years or to imprisonment for any term not exceeding two
years,with or without hard labour and with or without solitart con-
finement,and,if a male under the age of sixteen years,with or without
whipping.
(2.)In every case of stealing any chattel mentioned in this section,
it shall be lawful to prefer an indictment in the common form as for
larceny,and in every case of stealing any ficture mentioned in this
section,to prefer an indictment in the same form as if the offender were
not a tenant or lodger,and in either case to lay the property in the
owner or person letting to hire.
Frauds by Bankers,Agents,etc.
62.-(1.)Every person who,-
(a.)having been entrusted,either solely or jointly with any other
person,as a banker,merchant,broker,attorney,or other agent,
with any money or security for the payment of money,with
any direction oin writing to apply,pay,or deliver such money or
security or any part thereof respectively,or the proceeds or
any part of the proceeds of such security,for any purpose or to
any person specified in such direction,in violation of good faith
and contrary to the terms of such direction,in anywise converts
to his pwn use or benefit,or to the use or benefit of perosn
other than the person by whom he has been so entrusted,such
money,secyrity,or proceeds,or any part thereof respectively;
(b.)having been entrusted,either solely or jointly with any other
person,as a banker,merchant,broker,attorney,or other agent,
with any chattel or valuable security,or any power of attorney
for the sale or transfer of any share or interest in any public
stock or fund,whether of the United Kingdom or any part
thereof,or fo any Foreign State,or fo this Colony,or in any stock or fund of any body corporate , company , or society , for
safe custody or for any special purpose , without any authority to
sell, negotiate , trasfer, or pledge, in violation of good faith and
contrary to the object or purpose for which suhc chattel , security ,
or power of attonery has been entrusted to him , sells , negotiates,
transfers , pledges , or in any manner converts to his own use or
benefit , or to the use or benefit of any person other than the
person by whom he has been so entrusted , suhc chattel or secu-
rity , or the proceeds of the same , or any parth thereof ,
share or interest in the stock or fund to which such power of
attorney relates , or any part thereof,
shall be guity of a misdemeanor ,and , being convicted thereof , shall be
liable ,at the discretion of the court , to imprisonment with hard labour
for any term not exceeding seven years and not less than three years or
to imprisonment for any term not exceedig two years , with or without .
hard labour and with or without solitary confinement .
(2)nothing in this section relating to agents shall -
(a) affect any trustee in or under any instrument whatsoever , or
any mortgagee of any property , in resperct fo any act done by
such trustee or mortgagee in relatio to the property comprised
in or affected by any such trust or mortgage;or
(b) restrain any banker , merchant , broker , attorney , or other agent
from receiving any money which is or becomes actually due and
payable on or by virtue of any valuable security , according to
the tenor and effect thereof , in such manner as he might have
done if this ordinance had not been passed , or from selling , trans-
ferring , or othewise desposing of any securities or effects in his
possession upon which he may have any lien , claim , or demand
entitling him by law to do so, wnless such sale , transfer , or other
disposal extends to a greater numberj or part of such securities
or effects than is requisite for satisfying such lien , claim , or
demand.
63.every person who, bing a banker , merchant , broker, attorney ,or
agent , and being entrusted , either solely or jointly with any other per-
son , with the property of any other person for safe custody , with intent
to defruad,sells,negotiates,transfers,pledges,or in any manner converts
or appropriates the same or any part thereof to or for his own use or
benefit,or to or for the use or benefit of any person other than the person
by whom he has been so entrusted,shall be guilty of a mesdemeanor,and,
being convicted thereof,shall be liable,at the discretion of the Court,to
any of the punishments which the Court may award as hereinbefore last
mentioned.
64. Every person who, being entrusted, either slely or jointly with
any other person, with any power of attorney for the sale or transfer of
any property, fraudulently sells or transfers or otherwise converts the
same or any part thereof to his own use or otherwise converts the
of any perosn other than the person by whom he has been so entrusted,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the Court, to any of the punishments which
the Court may award as hereinbefore last mentioned.
65.-(1.) Every person who, being a factor or agent entrusted, either
solely or jointly with any other person, for the purpose of sale or other-
wise, with the possession of any goods or of any document of title to
goods, contrary to or without the authority of his principal in that be-
half, for his won use or benefit or for the use or benefit of any perosn
other than the people by whom he has been so entrusted, and in violation
of good faith,-
(a.) makes any consignment, deposit, transfer, or delivery of any
goods or document of title so entrusted to him as in this section
before mentioned, as and by way of a pledge, lien, or security for
any money or valuable security borrowed or reveived by such
factor or agent at or before the time of making such consign-
ment, deposit, transfer, or delivery, or intended to be thereafter
borrowed or received: or
(b.) accepts any advance of any money or valuable security on the
faith of any contract or agreement to consign, deposit, transfer,
or, deliver any such goods or document of title,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the Court, to any of the punishments which
th eCourt may award as hereinbefore last mentioned.
(2.) Every clerk or other person who knowingly and wilfully acts and
assists in making any such consignment, deposit, transfer, or delivery,
or in accepting or procuring such advance as aforesaid, shall be guilty
of a misdemeanor, and, being convicted thereof, shall be liable, at the
discretion of the Court, to any of the same punishments : Provided that
no such factor or agent shall be liable to any prosecution for consigning,
depositing, transferring, or delivering any such goods or document of
title, in case the same is not made a security for or subject to the pay-
ment of any greater sum of money than the amount which, at the time
of such consignment, deposit, transfer, or delivery, was justly due and
owing to such agent from his principal, together with the amount of
any bill of exchange drawn by or on account of such principal and
accepted by such factor or agent.
66. - (1.) Any factor or agent entrusted as aforesaid and posscessed of explanation any such document of title , whether derived immediately from the
owner of such goods or obtained by reason of such factor or agent
having been entrusted with the possession of the goods or of any other
document of title thereto, shall be deemed to have been entrusted with
the possession of the goods represented by such document of title .
(2) every contract pledging or giving a lien upon such document of
title as aforesaid shall be deemed to be a pledge of and lien upon the
goods to which the same relates .
(3) such factor or agent shall be deemed to be possessed of such
goods or document , whether the same are or is in his actual custody or
are or is held by any other person subject to his control or for him or
on his behalf .
(4)where any loan or advance sis bona fide made to any factor or
agent entrusted with and in possession of any such goods or document
of title , on the faith of any contract or agreement in writing ot consign .
deposit , transfer, or deliver such goods or document of title , and such
goods ro document of title are or is actually received by the person
making suhc loan or advance , without notice that such factor or agent
was not authorized to make such pledge or security , every such loan or
advance shall be deemed to be a loan or advance on the security of
such goods or document of title within the meaning of the last preceding
section , though such goods or document of title are or is not actually
rerceived by the person making such loan or advance till the period
subsequent thereto .
(5)any contract or agreement , whether made direct with such
factor or agent or with any clerk or other person on his behalf , shall
be deemed to be a contract or agreement with such factor or agent .
(6) any payment made , whether by money jor bill of exchange
or other negotiable security , shalll be deemed to be an advance within the
meaning of the last preceding section .
(7) a factor or agent in possession as aforesaid of such goods or
document of title shall be taken , for the purposes of the last preceding
section , to have been entrusted therewhith by the owner thereof , unless
the contrary is shown in evidence .
67.every person who , being a trustee of any property ofr the use or
benefit ,either wholly or partially , of some other person or for any
public or charitable purpose , with intent to defraud, converts ro appro-
priates the same or any part thereof to or for his own wse or benefit , or
to or for the use or benefit of any person other other hten suhc person as
aforesaid , or for any pupose other then such public or chartable
purpose as aforesaid , or otherwise disposes of a misdemeanor , and , being


convicted thereof , shall be liable , at the discretion of the court , to any
of the punishments which the court may award as hereinbefore last
mentioned: provided that no proceeding or prosecution for any offence
included in this section shall be commenced without the sanction of
HER majesty's Attorney General: provided, also, that where any civil
proceeding has beeen taken against any person to whom the provisions of
this section apply , no person who has taken such civil proceeding shall
commence any prosecution under this section wihout hte sanction of
the court or judge before whom such civil proceeding has been had
or is pending .
68.every person who , being a director , member, or public officer fo
any body corporate or public company , frandulently takes or applies for
his own use or benefit, or for any use or purposes other than the use or
purposes of such body corporate or public company, any of the property
of such body corporate or public company shall be guilty of a misde-
meanor , and , being convicted thereof , shall be liable , at the discretion of
the court , to any of the punishments which the court may award as
hereinbefore last mentioned.
69. every person who , being a director , public officer , or manager of
any body corporate or public company , as such recives or possesses
himself of any of hte property of suhc body corporate or public company
otherwise than in payment of a just debt or demand, and , with intent to
defraud , omits to make or to cause or direct to be made a full and true
entry thereof in the books and accounts of such body corporate or public
company , shall be guilty of a misdemeanor , and , being convicted htereof ,
shall be liable , at the discretion of hte court , to any of the punishments
which the court may award as hereinbefore last mentioned.
70. every person who, being a director , manager, public officer , or
member of any body corporate or public company , with intent to
defraud, destroys , alters, multilates , or falsifies any book , paper, writ-
ing , or valuable security belonging to such body corporate or public
company, ro makes or concurs in the making of any false entry , or omits
or concurs in omitting any meterial particular , in any book of account
or other document , shallbe guilty of a misdemeanor , and , beig convicted
htereof , shall be liable , at hte discretiojn of the court , to any of the
punishments which the court may award as herein before last mentioned .
71. every person who , being a director ,manager , or public officer of
any body corporte or public company , makes, circulates , or publishes,
or concurs in making , circulating , or pubishig , any written statement
or account which he knows to be false in any material particular , with
intent to deceive or defraud any member, shareholder, or creditor of such
body corporate or public company , or with intent to induce any person


to become a shareholder or partner therein , or to entrust or advance any
property to such body corporate or public company , or to enter into any
secuity for the benefit thereof , shall be guilty of a misdemeanor , and ,
being convicted thereof , shall be liable , at the discretion to the court , to
any of the punishment s which the court may award as hereinbefore last
mentioned.
72-(1) nothing in any of the last ten proceding in sections shall en-
able or entitle any person to refuse to make a full and compalete dis-
covery by answer to any billijn equity or to answer any question or
interrogatory in any civil proceeding in any court or on the hearing of
any matter in bankruptcy.
(2) no persojn shall be liable to be convicted of any of the misde-
meanors mentioned in any of the said sections by any evidence whatever
in respect of ay act done by him , if he , at any time previously to his
being charged with such offence , has first disclosed such act, upon oath
or declaration , in consequence of any compulsory process of any court
of law or equity , in any action , suit , or poceeding which has been vona
fide in stituted by any party aggrieved.
(3) a statement or admission made by any perosn in any compul-
sory examination or deposition before any court shall not be admissible
as evidence against that person in any proceeding in respect of any of
the misdemeanors mentioned in the said sections .
73. nothing in any of hte last cleven peceding sections , nor any
proceeding , conviction , or judgment to be had or taken thereon against
any person under any of the said sections shall prevent, lessen , or
impeach any remedy at law or in equity which any party aggrieved by
any offence against any of the said sections might have had if this ordi-
nance had not been passed : but no conviction of any such offender shall
be received in evidence in any action at law or suit in equity against
him; and nothing in the said sections shall affect ro prejudice any
agreemnt entered into or security given by any trustee, having for its
object the restoration or repayment of any trust property misappro-
priated.
74.-(1) every person who, bing a clerk , officer, or servant , or
employed ro acting in the capacity of a clerk , officer, or servant , wilful-
ly and with intent to defrand, -
(a) destroys , alters , mutilates , or falsifies nay book , paper, writ-
ing , valuable security , or account which belongs to or is in the
possession of his employer or has been rerceived by him for or on
behalf of his employer; or
(b) makes or concurs in making any false entry in, or omits or
alters ,or concurs in omitting or altering , any material particu-
lar from or in any suhc book or any document or account ,
shall be guilty of a misdemeanor , and , being convicted thereof ,shall be
liable to imprisonment for any term not exceeding sven years with or
without hard labour .
(2) in any indictment under this section it shall be sufficient to allege
a general intent to defraund , without naming any particular person in-
tended to be defranded .
obtaining property by false pretences.
75-(1) every person who by any false pretence obtains from any
other person any chattel , money , or valuable security , with intendt to
defraud , shall be guilty of a misdemeanor , and , being conviced thereof
shall be liable , at the discretion of the court , to imprisoment with hard
labour for the term of three years or to imprisonment for any term not
exceeding two years , with or without hard labour and with or withut
solitary confinement : provided that if , on the trial of any person indicted
for such misdemeanor , it is proved that he obtained the property in
question in any such manner as to amount in law to larceny , he shall not
by reason thereof be entitled be acquitted of such mis demeanor; and
no person tried for such misdemeanor shall be liable to be afterwards
prosecuted for larceny upon the same facts .
(2) in any indictment for obtaining or attempting to obtain any such
property by false pretences, it shall be sufficient to allege that the
accused did the act with intent ot defraud, without alleging an intent to
defraud any particular person , and withut allege any ownership of
the chattel , money, or valuable security ;and , on the trial of any such
indictment , it shall not be necessary to prove an intent to defraud any
particular person,but it shall be sufficient to prove that the accused did
the act charged with an intent to defraud.
76 every person who by any false pretence causes or procures any
money to be paid or any chattel or valauable security to b4e delivered to
any other person , for the use or benedit or on account of the person
making such false pretence or of any other person, with intent to de-
fraud, shall be deemed to have obtained such money , chattel, ot valuable
secuurity within the meaning of the last proceding section .
77.every person who , with intent to defraud or injure any other
person , by any false pretence fraudulently causes or induces any other
person to execute , make , accept , indorse , or destroy the whole or any
part of any valuable security , or to write , impress, or affix his name , or
the name of any other person or of any company, firm, or copartnership,
or the seal of any body corporate , company , or society , upon any paper
or parchment , un order that the same may be afterwards made or con-


yerted into or used or dealt with as a valuable security , shall be guilty
of a misdemeanor , and , being convicted thereof , shallbe liable , at the
discretion of the court , to imprisonment with hard labour for the term
of three years or to imprisonment for any term vot exceeding two years
with or without hard labour and with or without solitary confinement .
78-(1) every person who falsely and deceitfully personates any
person, or the heir, executor , or administor , wife, widow, next fo kin ,
or relation of any person, with intent frandulently to obtain any land ,
estate, chatted , money, valuable security ,or prooperty , shall be guity of
felony, and , being convicted thereof , shall be liable,at the discretion of
the court, to imprisonment with hard labour for life or for any term
not less than htree years or to imprisonment for any term not exceeding
two years , with or without hard labour and with or without solitary
confinement .
(2) nothing in this section shal prevent any person from bing pro-
ceeded against and punished under any other enactment or at common
law in respect of an offence ,if any , punishable as well under this section
as under any other enactment or at common law .
Receiving Stolen Property.
79.-(1) every person who receives any chattels , money , valuable
security, or other property whatsoever , the stealing , taking, extorting ,
obtaining , embezzling , or ohterwise disposing whereof amounts to a
felony , either at common law or by virtue of htis ordinance , knowing
the same to have been feloniouly stolen, taken , extorted, obtained,
embezzled , or disposed of , shall be guilty of felony, and may be indicted
and convicted either as an accessory after the fact or for a substantive
felony, and , in the latter case , whether the principal felon has or has not
been previously convicted or is or is not amenable to justice .
(2) every such receiver, however convicted , shall be liable , at the
discretion of the court , to imprisonment wiht hard labour for any term
not exceeding fourteen years and not less than three years or to impri-
sonment for any term not exceeding two years , with or without hard
labour and with or without solitary confinement , and , if a male under
the age of sixteen years , with or with whipping : provided that no
persojn , however tried for receiving as aforesaid , shall be liable to be
prosecuted a second time , for the same offence.
80-(1) every person who , without lawful wxcuse , receives or has in
his possession , in this colony , any property solen outside the colony,
knowing such property to have been stolen , shall be liable to impri-
sonment for any term not exceeding sven years , with or without hard
labour .

(2) for the purpose oF this section , property shall be deemed to have
been stolen where it has been taken , extorted , obtained , embezzled , con-
verted, or diposed of under such circumstances that , if the act had
been committed in this colony, the person committing it would have
been guilty of an indictable offence according to the law for the time
bing in force in this colony .
(3) an offence under this section shall be a felony or misdemeanor
according as the act committed in the colony .
81. where an indictment is preferred against two or more persons ,
it shall be lawful for the jury who try the same to find all or any of the
said persons guilty eithe rof stealing the property of of receiving the
same , or any part or parts thereof , knowing the same to have been
stolen, or to find one or more of the said perosns guilty of stealing the
property, and the other or others of them guilty of receiving the same
or any part or parts thereof , knowing the same to have been stolen .
82. when ever any property whatsoever has been stolen , taken , ex-
torted, obtained , embezzled or otherwise disposed of in such a manner
as to amount to a felony , either at common law or by virtue of this
ordinance , any number of receivers at different times of such property,
or of any part or parts thereof , may be charged with substantive felonies
in the same indictment , and may be tried together , notwihstanding that
hte principal felo is not included in the same indictment or is not in
custody or amenable to justice .
83. if , on the trial of any two or more persons indicted for jointly
receiving any property , it is proved that one or more of such persons
separately received any part or parts of such property , it shall be lawful
for the jury to convict on such indictment such of ht esaid persons as
may be proved to hav ereceived any part or parts of such property.
84-(1) every jperson who receives any chatted , money , valuable
security , or other property whatsoever , the stealing , taking obtaining ,
coverting , or diapiosing whereof is made a misdemeanor by this ordi-
nance , knowing the same to have been unlawfully stolen , taken , obtained,
converted , or disposed of , shall be guilty jof a misdemeanor , and may be
indicated and convicted thereo f, whether the person guilty of the princi-
pal misdemeanorhas or has not been previorsly convicted thereof ro is
ro is not amenable to justice .
(2) every such receiver, being convicted of such misdemeanor , shall
be liable , at the discretion of the court , to imprisonment with hard
labour for any term not exceeding seven years and not less than three
years or to imprisonment for any term not exceeding two years , with or

without hard labour and with or without solitery confinement , and , if a
male under the age of sixteen years , with or without whipping .
85. where the stealing or taking of any property whatsoever is by
this ordinance punishable on summary conviction , either for the first offence
only , every person who receives any such property , knowing the same
to be unlawfully come by , shall , on conviction thereof before a police
magistrate , be liable , for everey first , second , or subsequent offence of
receiving , to the same forfeiture and punishment to which a person guilty
of a first, second , or subsequent offence of stealing or taking such pro-
pertu is by this ordinance made liable .
86-(1) in the case of every felony punishable under this ordinance
every principal in the second degree, and every accessory before the fact,
shall be punishable in the same manner as the principal in the first
degree is by this ordinance punishable .
(2) every accessory after the fact ot any felony punishable under
this ordinance (except only a receiver of stolen property ) shall , on con-
viction , be liable , at the discretion of the court , to imprisonment for any
term not exceeding two years , with or without hard labour and with or
without solitary confinement .
(3) every person who aids , abets , counsels , or procures the commis-
sion of any misdemeanor punishable under this ordinance shall be liable
to be indicted and punished as a principal offender .
87. every person who aids , abets , counsels , or procures the commis-
sion of any offence which is by this ordinance punishable on summary
conviction , either for every time of its commission , or for the first and
second time only , or for the first time only , shall , on conviction before a
police magistrate , be liable , for every first , second , or subsequent offence
of aiding , abetting , comselling , or procuring , to the same forfeiture and
punishment to which a person guilty of a first , second , or subsequent
offence as a prinicipal offender is by this ordinance made liable .
restitution and recvery of stolen property.
88.if any person guilty of any such felony or misdemeanor as is
menttioned in this ordinance in stealing , taking , obtaining , extorting ,
embezzling , converting , or disposing of , or in knowingly receiving , any
chattel, money , valuable security , or other property whatsoever , is
indicted for suhc offeence, by or on the behalf of the owner of the
property or his executor or administrator , and convicted thereof , in
such case the property shall be restored to the owner or his representa-
tive ; and in every case in this section aforesaid the court before which
any person is tried for any such felony or misdemeanor shall have






power to order the restitution thereof in a summary manner :provided
that if it appears , before any award or order made , that any valuable
security has been bona fide paid or discharged by some person or body
corporate liable to the payment thereof , or , being a negotiable instrument ,
has been bona fide taken or received by transfer or delivery, by some
person ro body corporate, for a just and valuable consideration , without
any notice or without any reasonable cause to suspect that the same had
by any felony or misdemeanor been stolen , taken, obtained, extorted,
embezzled , converted, or disposed of , in suhc case the court shall not
award or order the restitution of such security : provided , also, that
nothing in this section shall apply to the case fo any prosecution of any
banker , merchant , attorney , factor , broker, or othe agent , or of any
trustee, entrusted with the possession of any gooods or of any ducument
of title to goods for any misdemeanor against this ordinance .
89. every person who corruptly takes any money or rewqrd , directly
or indirectly, under pretence or upon account of helping any person to
any chatted , money ,vbaluable security , or ohter prooperty whatsoever
which by any felony or misdemeanor has been stole , taken, obtained,
extorted, embezzled, converted, or disposed of , as in this ordinance
before mentioned , shall (unless he has used all due dilligence to sause
the offender to be brought to trial for the same ) be guilty of felony ,
and , being convicted htereof , shall be liable , at hte discretion of the
court , to imprisonmet wiht hard labour for any term not exceed-
ing seven years and not less than three years or to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement , and , if a male under the age of
sixteen years , with or without whipping.
90.every person who-
(1) publicly advertises a reward for thte return of any property what-
asoever which has been stolen or lost, and in suhch advertisment
uses any words purporting that no questions will be asked ; or
that a reward will be given or paid for any property which has
been stolen or lost , without seizing or making any inquiry after the
perosn producing such property ; or
(3) promises or offers in any such public advertisement to return to
any pawnbroker or othe rperosn who may have bought or advanced
money by way of loan upon any projperty stolen or lost the money
so paid or advanced , ro any other sum of money or reward for the
return of such property ; or
(4)prints or publishes any such advertisement .
sahll fordeit the sum of two hundred and fifty dollars for every such



offenc to any person who will sue for the same by action of debt , to be
recovered with full costs of suit .
apprehesion of offenders and other proceedings .
91.-(1) any person who is found committing any offence punish-
able ,either on indictment or on summary conviction , by virtue of this
ordinance may be immediately apprehended without a warrant by any
person , and forthwith taken , together with such property , if any , before
a police magistrate, to be dealt with according to law .
(2) if any credible witness proves , upon oath or declaration before a
police magistrate , a reasonable cause to suspect that any person has in
his possession or on his premises any promises any property whatsoever on or with
respect to which any offence punishable , either on indictment or on
summary conviction , by virtue of this ordinance has been committed,
the Magistrate may grant a warrant to search for such property as in
the case of stolen goods .
(3) any person to when any property is offered to be sold , pawned ,
or delivered , if he has reasonable cause to suspect that any such offence
has been committed on if in his power, is required, to apprehend and forthwith
to take before a Police Magistrate the person offering the same , together
with such property , to be dealt with according to law .
92 any constable or peace officer may take into custody , without a
warrant, any person whom he finds lying or loitering in any highway .
yard , or other place , during the night , and whom he has good cause to
suspect of having committed, or being about to commit , any felony
mentioned in this ordinance , and shall take such person , as soon as
reasonably may be , before a police magistrate , to be dealt with accord-
ing to law .
93-(1) every sum of money which is forfeited on a summary con-
viction for th evalre of any property stolen or taken, or for the amount
of any injury done (suhc value or amount to be assessed in each case by
the convicting magistrate ), shall be paid to the party aggrieved , except
where he is unknown, and in that case such sum shall be applied in the
same manner as a penalty.
(2) every sum which is imposed as a penalty by any police magis-
trate, whether in addition to such value or amount or otherwise , shall be
paid to Her Majesty for the use of the colony and in support of the
Goverment thereof : provided that where several persons join in the
commission of the same offence , and , on coviction thereof , each is
adjudged to forfeit a sum equivalent to the valre of the property or to
the amount of the injury , in every such case no further sum shall be paid to the party aggrieved than such value or amount ; and the romaining
sun or sums forfeited shall be applied in the same manner as any penalty
imposed by a police magistrate is hereinbefore directed to be applied .
94. in every case of a summary conviction under this ordinance ,
where the sum which is forfeited for the value of the property stolen or
taken or for the amount of the injury done , or which is imposed as a
the conviction or within such period as the magistrate may at the time
of the conviction appoint , the convicting magistrate ( unless where other-
wise specially directed ) may commit the offender to the common gaol .
there to be imprisoned or to be imprisoned and kept to hard labour , at
the discretion of the magistrate , under and according to the provisions
of magistreates and the practice and procedure before them in relation
to offences punishable on summary conviction .
95. where any person is summarily convicted before a police magis-
trate of any offence against this ordinance , and it is a first conviction ,
the magistrate may , if he htinks fit , discharge the offender from his
coviction , on his making such satisfaction to the party aggrieved for
damages and costs , or either of htem , as may be ascertained by the ma-
gistrate .
96. in case any person convicted of any offfence punishable on sum-
mary coviction by virtue of this ordinance pays the sum adjudged to
be paid , togther with costs ,under such conviction , or receives a remis-
sion thereof from the crown or from the Governor , or suffers the im-
prisonment awarded for non-payment thereof or the imprisonment ad-
judged in the first instance , or is so discharged from his conviction by
any magistrate as aforesaid , in every such case he shall be released from
all furhter or other proceedings for the same cause .
97-(1) all actions and prosecutions to be commenced against any
person for anything done in pursuance of this ordinance shall be com-
menced within six months after the fact committed , and not otherwise.
(2) notice in writing of such action and of the cause thereof shall
be given to the defendant one month at least before the commencement
of the action .
(3) in any such action the defendant may plead the general issue ,
and give this ordinance and the special matter in evidence at any trial
to be had thereupon .
(4) no plaintiff shall recover in any such action if tender of sufficient
amends has been made before such action brought , or if a sufficient sum
of money has been paid into court afer such action brought , by or on
behalf of the defendant. (5) if a verdict passes for the defendant, or the plaintiff becomes
nonsuit or discontinues any such action after issue joined , or if , on
demurrer or otherwise , judgment is given against the plaintiff, the de-
fendant shall recover his full costs as between solicitor and client, and
shall have the like remedy for the same as any defendant has by law in
other cases; and though a verdict is given for the plaintiff in any suhc
action , the plaintiff shall not have costs against the defendant unless
the judge before whom the trial is had certifies his approbation of the
action.
miscellaneous provisions .
98. where any person is charged on an indictment with any offence
punishable under this ordinance and committed after previous con-
viction or convictions for any felony , misdemeanor , or offence or af-
fences punishable on summary conviction , and , on his trial for such
subsequent offence , such person gives evidence of his good charactor ,
it shall be lawful for the attorney general , in answer thereto , to
give evidence of the conviction fo such persojn for the previous offence
or offences before such verdict of guilty is returned , and the jury shall
inquire concerning such previous conviction or convictions at the same
time that they inquire concerning such subsequent offence .
99. whenever imprisonment , with or without hard labour , may be
awarded for any indictable offence under this ordinance , the court may
sentence the offender to be imprisonment or to be imprisoned and kept to
hard labour , and in either case the sentence shall ve carried out in
accordance with the provisions of any ordinance for the time being in
force relating to prisons .
100. whenever solitary confinement may be awarded for any indict-
able offence under this ordinance , the court may direct the offender to
be kept in solitary confinement for any portion or portions of his
imprisonment or of his imprisonment with hard labour , not exceeding
one month at any one time and not exceeding three months in any one
year.
101-(1) whenever any person is convicted of any indictable
misdemeanor punishable under this ordinance , the court may , if it
thinks fit, in addition to or in lien of any of the punishments authorized
by this ordinance , fine the offender, and require him to enter into his
own recognizances and to find sureties , both or either, for keeping the
peace and being of good behaviour .
(2) in the case of any felony punishable under this ordinance , the
court may , if it thinks fit, require the offender to enter into his own re-
cognizances , and to find sureties, both or either , for keeping the peace.
in addition to any punishment authorized by this ordinance.
(3.) No person shall be imprisoned under this section for not finding
sureties for any period exceeding on year.
102.-(1) Every offence under this ordinance made punishable on
summary conviction by a police magistrate shall be prosecuted , tried.
and determined in the manner directed by any ordinance for the time
being in force relating to the jurisdiction of magistrate and the prac-
tice and procedure before them in relation to offences punishable on
summary conviction .
(2.) every such Police Magistrate shall have and is hereby invested
with full jurisdiction, power, and authority to deal with, inquire of, try,
determine, and punish every offence under this ordinance made punish-
able on summary conviction by a police magistrate.
A.D. 1865. Ordinance No. 7 of 1865, with Ordinances no. 3 of 1875, No. 3 of 1886, No. 7 of 1890, No. 20 of 1891 s. 84 (2), and No. 26 of 1900 incorporated. Short title. Interpretation of terms. 24 & 25 Vict. c. 96 s. 1. All larcenies to be of the same nature. 24 & 25 Vict. C. 96 s. 2. Fraudulent conversion of property by bailee. Ib. s. 3. Simple larceny. Ib. s. 4. Larceny after conviction for felony. Ib. s. 5. Larceny after conviction of indictable misdemeanor under the Ordinance. 24 & 25 Vict. C. 96 s. 7. Larceny after two summary convictions. Ib. s. 9. Stealing horse, bull, ram, etc. Ib. s. 10. Stealing goat, boar, etc. Killing animal with intent to steal carcase, etc. 24 & 25 Vict. C. 96 s. 11. Stealing dog. Ib. s. 18. Possession of stolen dog. Ib. s. 19. Taking money to restore dog. Ib. s. 20. Stealing beast or bird ordinary kept in confinement. Ib. s. 21. Punishment of person found in possession of stolen bird, etc. 24 & 25 Vict. C. 96 s. 22. Killing house dove or pigeon. Ib. s. 23. Stealing valuable security. Ib. s. 27. Stealing document of title to lands. 24 & 25 Vict. C. 96 s. 28. Stealing will or codicil. Ib. s. 29. Stealing record or other legal document. Ib. s. 30. Stealing metal, glass, wood, etc., fixed to building or land. 24 & 25 Vict. C. 96 s. 31. Stealing tree, etc., growing in pleasure ground to value of $5, and elsewhere to value of $25. 24 & 25 Vict. C. 96 s. 32. Stealing tree, etc., wherever growing to value of 24 cents. Ib. s. 33. Stealing live or dead fence, etc. Ib. s. 34. Case of suspected person in possession of tree, etc., and not satisfactorily accounting for it. 24 & 25 Vict. C. 96 s. 35. Stealing plant, etc., growing in garden, etc. Ib. s. 36. Stealing cultivated plant, etc., not growing in garden, etc. Ib. s. 37. See Ordinance No. 3 of 1890. Robbery or stealing from the person. 24 & 25 Vict. C. c. 96 s. 40. See Ordinance No. 7 of 1901. Assault with intent to rob. Ib. s. 42. Robbery or assault by person armed, or by two or mor, or robbery and wounding. Ib. s. 43. See Ordinance No. 7 of 1901. Sending, etc., letter demanding money with menaces. 24 & 25 Vict. C. 96 s. 44. See Ordinance No. 7 of 1901. Demanding property with menaces or by force, with intent to steal. Ib. s. 45. See Ordinance No. 7 of 1901. Sending, etc., letter threatening to accuse of crime, with intent to extort. Ib. s. 46. See Ordinance No. 7 of 1901. Accusing or threatening to accuse of crime, with intent to extort. Ib. s. 47. See Ordinance No. 7 of 1901. Inducing person by violence or threat to execute deed, etc., with intent to defraud. 24 & 25 Vict. C. 96 s. 48. See Ordinance No. 7 of 1901. Immaterial by whom violence, etc., to be caused. Ib. s. 49. Breaking and entering church, etc., and committing felony. Ib. s. 50. Burglary by breaking out. Ib. s. 51. Burglary. 24 & 25 Vict. C. 96 s. 52. Explanation as to building within cartilage. Ib. s. 53. Entering dwelling house in the night with intent to commit felony. Ib. s. 54. Breaking into building within cartilage, etc., not being part of dwelling house, and committing felony. Ib. s. 55. Breaking into dwelling house, etc., and committing felony. Ib. s. 56. Breaking into dwelling house, etc., with intent to commit felony. 24 & 25 Vict. C. 96 s. 57. Being armed with intent to break and enter dwelling house, etc., in the night. Ib. s. 58. Conviction under s. 46 after previous conviction. Ib. s. 59. Stealing in dwelling house to value of $25. 24 & 25 Vict. C. 96 s. 60. Stealing in dwelling house with menace. Ib. s. 61. Stealing from vessel, etc. Ib. s. 63. Plundering ship in distress, etc. Ib. s. 64. Case of person in possession of shipwrecked goods not giving satisfactory account thereof. 24 & 25 Vict. C. 96 s. 65. Power to seize shipwrecked goods offered for sale. Ib. s. 66. Larceny by clerk or servant. Ib. s. 67. Embezzlement by clerk or servant. 24 & 25 Vict. C. 96 s. 68. Stealing or embezzlement by partner of partnership property. 31 & 32 Vict. C. 116 s. 1. Larceny by person in Her Majesty's service or in Police Force. 24 & 25 Vict. C. 96 s. 69. Embezzlement by person in Her Majesty's service or in Police Force. Ib. s. 70. Form of warrant, etc., under ss. 57 and 58. 24 & 25 Vict. C. 96 s. 70. Person indicted for embezzlement as clerk, etc., not to be acquitted if offence turns out to be larceny; and vice versa. Ib. s. 72. Stealing by tenant or lodger of chattel or fixture let with house or lodging. 24 & 25 Vict. C. 96 s. 74. Misappropriation by banker, etc., of money or security entrusted to him for specific purpose. Ib. s. 75. Misappropriation by banker, etc., of property entrusted to him for safe custody. 24 & 25 Vict. C. 96 s. 76. Fraudulent conversion of property entrusted to person for sale. 24 & 25 Vict. C. 96 s. 77. Fraudulent pledging by factor of goods entrusted to him. Ib. s. 78. Explanation of terms asto offences by factors or agents. 24 & 25 Vict. C. 96 s. 79. Fraudulent disposition of property by trustee thereof. Ib. s. 80. Fraudulent appropriation by director, etc., of property of body corporate, etc. 24 & 25 Vict. C. 96 s. 81. Keeping by director, etc., of fraudulent accounts of body corporate, etc. Ib. s. 82. Fraudulent destruction by director, etc., of document of body corporate, etc. Ib. s. 83. Making by director, etc., of false and fraudulent statement as to body corporate, etc. Ib. s. 84. Exemption from liability to prosecution under ss. 62-71 for compulsory disclosure. 24 & 25 Vict. C. 96 s. 85. Saving of remedies at law and in equity. Ib. s. 86. Falsification of book, etc., by clerk, etc., with intent to defraud. 38 & 39 Vict. C. 24 ss. 1, 2. Obtaining chattel, etc., by false pretence 24 & 25 Vict. C. 96 s. 88. Case of delivery of property obtained to person other than person making false pretence. Ib. s. 89. Causing person by fraud to execute deed or other instrument. Ib. s. 90. Personation in order to obtain property. 37 & 38 Vict. C. 36 ss3 1, 2. Receiving stolen property where principal is guilty of felony. 24 & 25 Vict. C. 96 s. 91. Receipt or possession of property stolen abroad. 59 & 60 Vict. C. 52 s. 1. Indictment for stealing and receiving. 24 & 25 Vict. C. 96 s. 92. Inclusion of separate receivers in same indictment in absence of principal. Ib. s. 93. Persons indicted for jointly receiving may be convicted of separately receiving. Ib. s. 94. Receiving where principal has been guilty of misdemeanor. Ib. s. 95. Receiving where principal is punishable on summary conviction. 24 & 25 Vict. C. 96 s. 97. Punishment of principals in second degree, accessories, and abettors. Ib. s. 98. Abettors in offences punishable on summary conviction. Ib. s. 99. Right of owner of stolen property prosecuting thief or receiver to conviction to have restitution of his property. Ib. s. 100. Taking reward for helping to recovery of stolen property without bringing offender to trial. 24 & 25 Vict. C. 96 s. 101. Advertising reward for return of stolen or lost property. Ib. s. 102. Power to apprehend without warrant person found committing offence against the Ordinance. 24 & 25 Vict. C. 96 s. 103. Power for constable to apprehend person loitering at night and suspected of felony under the Ordinance. Ib. s. 104. Application of forfeiture or penalty on summary conviction. Ib. s. 106. Committal to prison of person not paying forfeiture or penalty. 24 & 25 Vict. C. 96 s. 107. See Ordinance No. 3 of 1890. Power to discharge offender on first summary conviction. Ib. s. 108. Summary conviction to bar any other proceeding for the same cause. Ib. s. 109. Protection of person acting under the Ordinance. Ib. s. 113. Evidence of good character on trial for second or subsequent offence. 24 & 25 Vict. C. 96 s. 116. Punishment of hard labour. Ib. s. 118. See Ordinance No. 4 of 1899. Punishment of solitary confinement. Ib. s. 119. Fine and sureties for keeping the peace. Ib. s. 117. Procedure in cases of summary conviction. 24 & 25 Vict. C. 96 s. 120. See Ordinance No. 3 of 1890.

A.D. 1865. Ordinance No. 7 of 1865, with Ordinances no. 3 of 1875, No. 3 of 1886, No. 7 of 1890, No. 20 of 1891 s. 84 (2), and No. 26 of 1900 incorporated. Short title. Interpretation of terms. 24 & 25 Vict. c. 96 s. 1. All larcenies to be of the same nature. 24 & 25 Vict. C. 96 s. 2. Fraudulent conversion of property by bailee. Ib. s. 3. Simple larceny. Ib. s. 4. Larceny after conviction for felony. Ib. s. 5. Larceny after conviction of indictable misdemeanor under the Ordinance. 24 & 25 Vict. C. 96 s. 7. Larceny after two summary convictions. Ib. s. 9. Stealing horse, bull, ram, etc. Ib. s. 10. Stealing goat, boar, etc. Killing animal with intent to steal carcase, etc. 24 & 25 Vict. C. 96 s. 11. Stealing dog. Ib. s. 18. Possession of stolen dog. Ib. s. 19. Taking money to restore dog. Ib. s. 20. Stealing beast or bird ordinary kept in confinement. Ib. s. 21. Punishment of person found in possession of stolen bird, etc. 24 & 25 Vict. C. 96 s. 22. Killing house dove or pigeon. Ib. s. 23. Stealing valuable security. Ib. s. 27. Stealing document of title to lands. 24 & 25 Vict. C. 96 s. 28. Stealing will or codicil. Ib. s. 29. Stealing record or other legal document. Ib. s. 30. Stealing metal, glass, wood, etc., fixed to building or land. 24 & 25 Vict. C. 96 s. 31. Stealing tree, etc., growing in pleasure ground to value of $5, and elsewhere to value of $25. 24 & 25 Vict. C. 96 s. 32. Stealing tree, etc., wherever growing to value of 24 cents. Ib. s. 33. Stealing live or dead fence, etc. Ib. s. 34. Case of suspected person in possession of tree, etc., and not satisfactorily accounting for it. 24 & 25 Vict. C. 96 s. 35. Stealing plant, etc., growing in garden, etc. Ib. s. 36. Stealing cultivated plant, etc., not growing in garden, etc. Ib. s. 37. See Ordinance No. 3 of 1890. Robbery or stealing from the person. 24 & 25 Vict. C. c. 96 s. 40. See Ordinance No. 7 of 1901. Assault with intent to rob. Ib. s. 42. Robbery or assault by person armed, or by two or mor, or robbery and wounding. Ib. s. 43. See Ordinance No. 7 of 1901. Sending, etc., letter demanding money with menaces. 24 & 25 Vict. C. 96 s. 44. See Ordinance No. 7 of 1901. Demanding property with menaces or by force, with intent to steal. Ib. s. 45. See Ordinance No. 7 of 1901. Sending, etc., letter threatening to accuse of crime, with intent to extort. Ib. s. 46. See Ordinance No. 7 of 1901. Accusing or threatening to accuse of crime, with intent to extort. Ib. s. 47. See Ordinance No. 7 of 1901. Inducing person by violence or threat to execute deed, etc., with intent to defraud. 24 & 25 Vict. C. 96 s. 48. See Ordinance No. 7 of 1901. Immaterial by whom violence, etc., to be caused. Ib. s. 49. Breaking and entering church, etc., and committing felony. Ib. s. 50. Burglary by breaking out. Ib. s. 51. Burglary. 24 & 25 Vict. C. 96 s. 52. Explanation as to building within cartilage. Ib. s. 53. Entering dwelling house in the night with intent to commit felony. Ib. s. 54. Breaking into building within cartilage, etc., not being part of dwelling house, and committing felony. Ib. s. 55. Breaking into dwelling house, etc., and committing felony. Ib. s. 56. Breaking into dwelling house, etc., with intent to commit felony. 24 & 25 Vict. C. 96 s. 57. Being armed with intent to break and enter dwelling house, etc., in the night. Ib. s. 58. Conviction under s. 46 after previous conviction. Ib. s. 59. Stealing in dwelling house to value of $25. 24 & 25 Vict. C. 96 s. 60. Stealing in dwelling house with menace. Ib. s. 61. Stealing from vessel, etc. Ib. s. 63. Plundering ship in distress, etc. Ib. s. 64. Case of person in possession of shipwrecked goods not giving satisfactory account thereof. 24 & 25 Vict. C. 96 s. 65. Power to seize shipwrecked goods offered for sale. Ib. s. 66. Larceny by clerk or servant. Ib. s. 67. Embezzlement by clerk or servant. 24 & 25 Vict. C. 96 s. 68. Stealing or embezzlement by partner of partnership property. 31 & 32 Vict. C. 116 s. 1. Larceny by person in Her Majesty's service or in Police Force. 24 & 25 Vict. C. 96 s. 69. Embezzlement by person in Her Majesty's service or in Police Force. Ib. s. 70. Form of warrant, etc., under ss. 57 and 58. 24 & 25 Vict. C. 96 s. 70. Person indicted for embezzlement as clerk, etc., not to be acquitted if offence turns out to be larceny; and vice versa. Ib. s. 72. Stealing by tenant or lodger of chattel or fixture let with house or lodging. 24 & 25 Vict. C. 96 s. 74. Misappropriation by banker, etc., of money or security entrusted to him for specific purpose. Ib. s. 75. Misappropriation by banker, etc., of property entrusted to him for safe custody. 24 & 25 Vict. C. 96 s. 76. Fraudulent conversion of property entrusted to person for sale. 24 & 25 Vict. C. 96 s. 77. Fraudulent pledging by factor of goods entrusted to him. Ib. s. 78. Explanation of terms asto offences by factors or agents. 24 & 25 Vict. C. 96 s. 79. Fraudulent disposition of property by trustee thereof. Ib. s. 80. Fraudulent appropriation by director, etc., of property of body corporate, etc. 24 & 25 Vict. C. 96 s. 81. Keeping by director, etc., of fraudulent accounts of body corporate, etc. Ib. s. 82. Fraudulent destruction by director, etc., of document of body corporate, etc. Ib. s. 83. Making by director, etc., of false and fraudulent statement as to body corporate, etc. Ib. s. 84. Exemption from liability to prosecution under ss. 62-71 for compulsory disclosure. 24 & 25 Vict. C. 96 s. 85. Saving of remedies at law and in equity. Ib. s. 86. Falsification of book, etc., by clerk, etc., with intent to defraud. 38 & 39 Vict. C. 24 ss. 1, 2. Obtaining chattel, etc., by false pretence 24 & 25 Vict. C. 96 s. 88. Case of delivery of property obtained to person other than person making false pretence. Ib. s. 89. Causing person by fraud to execute deed or other instrument. Ib. s. 90. Personation in order to obtain property. 37 & 38 Vict. C. 36 ss3 1, 2. Receiving stolen property where principal is guilty of felony. 24 & 25 Vict. C. 96 s. 91. Receipt or possession of property stolen abroad. 59 & 60 Vict. C. 52 s. 1. Indictment for stealing and receiving. 24 & 25 Vict. C. 96 s. 92. Inclusion of separate receivers in same indictment in absence of principal. Ib. s. 93. Persons indicted for jointly receiving may be convicted of separately receiving. Ib. s. 94. Receiving where principal has been guilty of misdemeanor. Ib. s. 95. Receiving where principal is punishable on summary conviction. 24 & 25 Vict. C. 96 s. 97. Punishment of principals in second degree, accessories, and abettors. Ib. s. 98. Abettors in offences punishable on summary conviction. Ib. s. 99. Right of owner of stolen property prosecuting thief or receiver to conviction to have restitution of his property. Ib. s. 100. Taking reward for helping to recovery of stolen property without bringing offender to trial. 24 & 25 Vict. C. 96 s. 101. Advertising reward for return of stolen or lost property. Ib. s. 102. Power to apprehend without warrant person found committing offence against the Ordinance. 24 & 25 Vict. C. 96 s. 103. Power for constable to apprehend person loitering at night and suspected of felony under the Ordinance. Ib. s. 104. Application of forfeiture or penalty on summary conviction. Ib. s. 106. Committal to prison of person not paying forfeiture or penalty. 24 & 25 Vict. C. 96 s. 107. See Ordinance No. 3 of 1890. Power to discharge offender on first summary conviction. Ib. s. 108. Summary conviction to bar any other proceeding for the same cause. Ib. s. 109. Protection of person acting under the Ordinance. Ib. s. 113. Evidence of good character on trial for second or subsequent offence. 24 & 25 Vict. C. 96 s. 116. Punishment of hard labour. Ib. s. 118. See Ordinance No. 4 of 1899. Punishment of solitary confinement. Ib. s. 119. Fine and sureties for keeping the peace. Ib. s. 117. Procedure in cases of summary conviction. 24 & 25 Vict. C. 96 s. 120. See Ordinance No. 3 of 1890.

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